During its testimony, Applicant noticed deposition upon written questions of 5 third-parties regarding their use of “Mc” or “Mac”; Opposer McDonald’s moved to take the depositions by oral examination and to quash requests for production of documents from the third-parties as untimely. Board granted Opposer’s motion to convert the depositions to oral and to quash any requests for production of documents.

Applicant’s Motion to Compel discovery denied. By sending one letter to Opopser’s counsel, Applicant did not satisfy its obligation to “make a good faith effort to resolve the discovery disputes” (Trademark Rule 2.120(e)) prior to seeking Board’s intervention.

One of Opposer’s motions denied because Board had earlier ruled that the parties may not file any further papers, other than testimony or final briefs, without prior leave of the Board. Opposer also admonished for having a representative who is not an attorney. Opposer’s Motion to Compel denied as Opposer’s initial disclosures were not timely served prior to sending discovery requests.

Opposer’s Motion to extend time to respond to discovery requests and to extend discovery and trial dates by 60 days denied; but Opposer given an 11 day extension to submit objections to discovery and a one month extension to provided substantive responses.

Petitioner’s motion to compel granted regarding material withheld due to lack of protective order; Respondent also required to provide dates suitable for deposition of its representative to take place within 60 days and to conduct deposition within that time frame using video or telephone if necessary.